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        PRIOR PRINTER'S NO. 1283                      PRINTER'S NO. 3382

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1123 Session of 1989


        INTRODUCED BY McVERRY, CALTAGIRONE, CESSAR, BURD, S. H. SMITH,
           ARGALL, HERSHEY, PISTELLA, COLAIZZO, TRELLO, COY, TIGUE,
           REBER, FAIRCHILD, ROBINSON, DURHAM, GLADECK, PETRARCA, OLASZ,
           RAYMOND, GIGLIOTTI, SAURMAN, GODSHALL, SCHEETZ, CIVERA,
           TANGRETTI, B. D. CLARK, VEON, WOGAN, CORNELL, CLYMER,
           JOHNSON, FARMER, J. TAYLOR, G. SNYDER, GRUPPO, WOZNIAK,
           LASHINGER, MRKONIC, HASAY, BELFANTI, BLAUM, LANGTRY,
           SERAFINI, FLICK, CORRIGAN, NOYE, MICHLOVIC, JAMES, HAGARTY,
           BELARDI AND FOX, APRIL 11, 1989

        AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
        REPRESENTATIVES, AS AMENDED, APRIL 18, 1990

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for MURDER AND FOR    <--
     3     endangering the welfare of children.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 4304 of Title 18 of the Pennsylvania       <--
     7  Consolidated Statutes, amended December 19, 1988 (P.L.1275,
     8  No.158), is amended to read:
     9     SECTION 1.  THE DEFINITION OF "PERPETRATION OF A FELONY" IN    <--
    10  SECTION 2502(D) OF TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED
    11  STATUTES IS AMENDED TO READ:
    12  § 2502.  MURDER.
    13     * * *
    14     (D)  DEFINITIONS.--AS USED IN THIS SECTION THE FOLLOWING


     1  WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
     2  SUBSECTION:
     3     * * *
     4     "PERPETRATION OF A FELONY."  THE ACT OF THE DEFENDANT IN
     5  ENGAGING IN OR BEING AN ACCOMPLICE IN THE COMMISSION OF, OR AN
     6  ATTEMPT TO COMMIT, OR FLIGHT AFTER COMMITTING, OR ATTEMPTING TO
     7  COMMIT ROBBERY, RAPE, OR DEVIATE SEXUAL INTERCOURSE BY FORCE OR
     8  THREAT OF FORCE, ARSON, BURGLARY [OR], KIDNAPPING OR THE FELONY
     9  OFFENSE OF ENDANGERING THE WELFARE OF A CHILD.
    10     * * *
    11     SECTION 2.  SECTION 4304 OF TITLE 18 IS AMENDED TO READ:
    12  § 4304.  Endangering welfare of children.
    13     (a)  Offense defined.--A parent, guardian, or other person
    14  supervising the welfare of a child under 18 years of age commits
    15  [a misdemeanor of the first degree] an offense if he knowingly
    16  endangers the welfare of the child by violating a duty of care,
    17  protection or support.
    18     (b)  Grading.--An offense under this section constitutes a
    19  misdemeanor of the second FIRST degree. However, where there is   <--
    20  a protracted pattern or multiple incidents of endangering the
    21  welfare of the child, the offense shall constitute a felony of
    22  the third degree.
    23     Section 2 3.  This act shall take effect in 60 days.           <--





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